Privacy Policy - Colorist Foundry

PRIVACY POLICY

COLORIST FOUNDRY

Effective Date: March 1, 2024

1. INTRODUCTION

Welcome to Colorist Foundry. We are committed to protecting your privacy and ensuring the security of your personal information. This Privacy Policy explains our practices regarding the collection, use, disclosure, and safeguarding of your information when you interact with our website, coloristfoundry.com, our mobile applications, and any related services (collectively, the "Services").

This policy is designed to provide transparency about how we handle your data and to comply with applicable privacy laws and regulations worldwide. By accessing or using our Services, you acknowledge that you have read and understood this Privacy Policy and consent to the collection and processing of your information as described herein.

We recognize that your privacy is of paramount importance, and we take our responsibility to protect your information seriously. Our team has implemented robust security measures and protocols to safeguard your data against unauthorized access, disclosure, alteration, or destruction.

2. INFORMATION WE COLLECT

2.1 Personal Data

We may collect the following types of personally identifiable information:

  • Contact information (e.g., name, email address, phone number, postal address);
  • Demographic information (e.g., age, gender, location, profession, industry);
  • Account credentials (username, password, security questions and answers);
  • Payment information (credit card details, billing address, transaction history);
  • Professional information (e.g., job title, company name, professional certifications);
  • User-generated content (e.g., comments, forum posts, support tickets, feedback);
  • Communication preferences and marketing opt-ins; and
  • Survey responses and contest/promotion participations.

We collect this information when you create an account, place an order, subscribe to our newsletters, fill out forms, participate in surveys, or otherwise interact with our Services. The provision of certain personal data may be mandatory to use specific features of our Services, while other information may be provided at your discretion.

2.2 Automatically Collected Data

Our systems may automatically collect certain information, including:

  • Device information (e.g., IP address, browser type, operating system, device model, unique device identifiers);
  • Usage data (e.g., pages visited, time spent on site, click-through rates, features used, interaction patterns);
  • Location data (general location based on IP address or more precise location if permitted by your device settings);
  • Cookies and similar tracking technologies (as detailed in our Cookie Policy);
  • Log data (e.g., error reports, activity logs, date and time of access);
  • Referral sources (how you navigated to our Services); and
  • Performance data (e.g., page load times, server response times, crash reports).

This information is collected using various technologies including cookies, web beacons, pixels, server logs, and other similar technologies. We use this data to improve our Services, enhance user experience, analyze trends, administer the website, track user movements, and gather demographic information. You can control certain aspects of automatic data collection through your browser settings or device preferences, although this may impact your ability to use some features of our Services.

3. HOW WE USE YOUR INFORMATION

We use your information for the following purposes:

  • Providing and improving our Services: To deliver the products and services you request, maintain and enhance our platform, develop new features, and ensure a seamless user experience.
  • Processing transactions: To process purchases, subscriptions, and other transactions, verify payment information, and send transaction-related communications.
  • Personalizing your experience: To customize content, recommendations, and offers based on your preferences, behavior, and needs.
  • Communicating with you: To send important notices, updates, alerts, confirmations, and responses to your inquiries. With your consent, we may also send promotional messages about our Services, updates, and special offers.
  • Analyzing usage patterns: To understand how users interact with our Services, identify popular features, measure the effectiveness of our marketing campaigns, and inform our business decisions.
  • Ensuring security: To protect our Services, prevent fraud, detect and address technical issues, verify accounts, and maintain the integrity of our platform.
  • Complying with legal obligations: To meet regulatory requirements, respond to legal requests, establish or defend legal claims, and protect our rights and the rights of others.
  • Customer support: To provide technical assistance, respond to inquiries, resolve disputes, and address concerns.
  • Training and quality improvement: To train our staff and algorithms to better serve you and improve the quality of our Services.
  • Business operations: To conduct internal research, audits, data analysis, and business planning.

We process your personal data based on one or more of the following legal grounds:

  • Performance of the contract we have with you;
  • Compliance with our legal obligations;
  • Our legitimate business interests; and
  • Your consent, where required.

We retain your information for as long as necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law. When determining how long to keep your data, we consider the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure, and the purposes for which we process the data.

4. DATA SHARING AND DISCLOSURE

We may share your information in the following circumstances:

  • Service Providers and Business Partners: We engage trusted third-party companies and individuals to facilitate our Services, provide services on our behalf, perform Service-related tasks, or assist us in analyzing how our Services are used. These third parties have access to your information only to perform these tasks on our behalf and are contractually obligated to maintain the confidentiality and security of your data.
  • Legal Compliance: We may disclose your information if required to do so by law or in response to valid requests by public authorities (e.g., a court or government agency). This includes complying with law enforcement requests, responding to subpoenas, court orders, or legal processes.
  • Protection of Rights: We may disclose your information when we believe in good faith that disclosure is necessary to protect our rights, privacy, safety, or property, as well as that of our users or the public. This includes exchanging information with other companies and organizations for fraud protection, spam/malware prevention, and similar purposes.
  • Business Transfers: In connection with any merger, acquisition, sale of assets, or bankruptcy, your information may be transferred as a business asset. In such an event, we will notify you before your personal information becomes subject to a different Privacy Policy.
  • With Your Consent: We may share your information with third parties when you have given us your explicit consent to do so. You may revoke this consent at any time.
  • Affiliates and Subsidiaries: We may share your information with our parent company, subsidiaries, and affiliates to provide joint content and services, help detect and prevent potentially illegal acts or violations of our policies, and guide decisions about products, services, and communications.
  • Aggregated or De-identified Data: We may share aggregated or de-identified information that cannot reasonably be used to identify you with third parties for various purposes, including data analysis, research, and improving our Services.

We take reasonable steps to ensure that any third party with whom we share personal information is bound by privacy terms and conditions that respect your privacy and align with applicable data protection laws.

We do not sell, rent, or lease your personal information to third parties without your explicit consent. However, we may share non-personally identifiable information with our partners for marketing, advertising, or other purposes.

5. DATA SECURITY

We implement industry-standard security measures to protect your information, including:

  • Encryption: We employ encryption technology for sensitive data both in transit and at rest, utilizing secure protocols such as SSL/TLS to safeguard data transmissions over networks.
  • Security Audits: We conduct regular security audits, vulnerability assessments, and penetration testing to identify and address potential security weaknesses in our systems.
  • Employee Training: Our staff undergoes comprehensive training on data protection practices, security awareness, and privacy compliance to ensure they handle user information appropriately.
  • Access Controls: We implement strict access controls and authentication mechanisms to limit access to personal data to authorized personnel only, following the principle of least privilege.
  • Data Backup: We maintain regular data backups with secure storage solutions to prevent data loss and facilitate recovery in case of technical failures or security incidents.
  • Incident Response: We have established incident response procedures to promptly address any suspected or confirmed security breaches or data compromises.
  • Secure Development: Our development teams follow secure coding practices and conduct security reviews throughout the development lifecycle.
  • Physical Security: We ensure physical security measures are in place to protect our servers and infrastructure from unauthorized access.

While we strive to use commercially acceptable means to protect your personal information, no method of transmission over the Internet or method of electronic storage is 100% secure. Despite our best efforts, we cannot guarantee the absolute security of your information. In the event of a data breach that affects your personal information, we will notify you in accordance with applicable laws and regulations.

We encourage you to take steps to protect your own data, such as choosing strong passwords, enabling two-factor authentication where available, and being cautious about the information you share. You are responsible for maintaining the confidentiality of your account credentials and for any activities that occur under your account.

If you have reason to believe that your interaction with us is no longer secure or that your account has been compromised, please immediately notify us at support@filmblade.com.

6. YOUR RIGHTS AND CHOICES

Depending on your location and applicable privacy laws, you may have certain rights regarding your personal information. We are committed to respecting these rights and providing you with reasonable access and control over your data. Your rights may include:

  • Right to Access: You have the right to request copies of your personal information that we hold. We will provide this information in a structured, commonly used, and machine-readable format.
  • Right to Rectification: If you believe that any personal information we hold about you is inaccurate, incomplete, or outdated, you have the right to request corrections. We will promptly update your information to ensure its accuracy.
  • Right to Erasure (Right to be Forgotten): Under certain circumstances, you may request the deletion of your personal data from our systems. This right may be limited by our legal obligations to retain certain information or legitimate business purposes for keeping the data.
  • Right to Restrict Processing: You have the right to request that we temporarily or permanently stop processing your personal data. This does not mean deletion but rather limits how we use your information.
  • Right to Data Portability: You may request to receive your personal data in a format that allows you to transfer it to another service provider. This facilitates your ability to reuse your data across different services.
  • Right to Object: You have the right to object to our processing of your personal data based on legitimate interests or for direct marketing purposes. When you object, we will no longer process the relevant information unless we can demonstrate compelling legitimate grounds.
  • Right to Withdraw Consent: If we process your data based on your consent, you have the right to withdraw that consent at any time. This will not affect the lawfulness of processing based on your consent before its withdrawal.
  • Right to Not Be Subject to Automated Decision-making: You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal or similarly significant effects concerning you.
  • Right to Lodge a Complaint: You have the right to file a complaint with a supervisory authority if you believe that our processing of your personal data infringes upon data protection laws.

To exercise any of these rights, please contact us using the information provided in the "Contact Us" section. We will respond to your request within the timeframe specified by applicable law (typically within 30 days). We may need to verify your identity before processing your request.

Please note that some of these rights may be limited in certain circumstances as required or permitted by applicable law. If we are unable to comply with your request, we will explain the reasons why.

Additionally, you may have the following choices regarding your information:

  • Marketing Communications: You can opt out of receiving marketing communications from us by clicking the "unsubscribe" link in any marketing email or by contacting us directly.
  • Cookies and Tracking Technologies: You can manage your cookie preferences through your browser settings. Most browsers allow you to block, delete, or disable cookies. However, if you disable cookies, you may not be able to access certain features of our Services.
  • Account Information: You can review and update your account information by logging into your account settings.

We are committed to honoring your rights and choices regarding your personal information and will make reasonable efforts to fulfill your requests as permitted under applicable laws and regulations.

7. INTERNATIONAL DATA TRANSFERS

Colorist Foundry operates globally, which means your information may be transferred to, stored, and processed in countries other than your country of residence. These countries may have data protection laws that differ from those in your country.

When we transfer personal data across international borders, we take appropriate measures to ensure that your information receives an adequate level of protection regardless of where it is processed. These measures may include:

  • Data Transfer Agreements: We implement standard contractual clauses approved by relevant regulatory authorities to protect your information when transferred internationally.
  • Privacy Shield Compliance: Where applicable, we may rely on EU-US and Swiss-US Privacy Shield frameworks for transfers to the United States.
  • Adequacy Decisions: We may transfer data to countries that have been recognized by relevant authorities as providing adequate protection for personal data.
  • Binding Corporate Rules: For intra-group transfers, we may implement binding corporate rules that establish safeguards for international data transfers within our corporate family.
  • Contractual Safeguards: We ensure that recipients of your data are contractually obligated to handle your information with the same level of protection as required in your jurisdiction.

By using our Services, you acknowledge and consent to the transfer of your information to countries outside your country of residence, including the United States, which may have different data protection rules than those in your country. If you are located in the European Economic Area (EEA), United Kingdom, or Switzerland, your personal data may be transferred to countries that have not been found by the European Commission to provide adequate protection.

If you have questions about our international data transfer practices or would like more information about the safeguards we have in place, please contact us using the information provided in the "Contact Us" section.

8. CHANGES TO THIS POLICY

We may update this Privacy Policy from time to time to reflect changes in our practices, technologies, legal requirements, or other factors. When we make changes to this policy, we will update the "Effective Date" at the top of this policy and take appropriate steps to notify you, which may include posting the updated policy on our website or mobile applications, sending you an email notification, or providing a notice on our Services.

We encourage you to review this Privacy Policy periodically to stay informed about our information practices and your privacy rights and choices. Significant changes to the policy may include:

  • Changes in the way we collect, use, or share personal information;
  • New categories of personal information being collected;
  • New types of third parties with whom we share personal information;
  • Changes to your rights and choices regarding your information; and
  • Updates to reflect new legal requirements or industry standards.

If we make material changes to this policy that significantly affect your rights or our obligations, we will provide a prominent notice and seek your consent to the new policy where required by applicable law. Your continued use of our Services after we post changes to this Privacy Policy means you accept those changes.

If you do not agree with the changes to our Privacy Policy, you should discontinue using our Services. Previous versions of this Privacy Policy may be available upon request.

9. REFUND POLICY

At Colorist Foundry, we stand behind the quality of our products and want you to be completely satisfied with your purchase. However, please note the following important information regarding our refund policy:

  • No Refunds on Perpetual Licenses: We do not offer refunds on perpetual licenses under any circumstances. All sales of perpetual licenses are final once the license key has been issued.
  • Subscription-Based Products: For subscription-based products, cancellations may be requested before the renewal date, but we do not provide partial refunds for unused portions of the current billing period.
  • Technical Issues: If you experience technical issues with our products, please contact our support team at support@filmblade.com before requesting a refund. Most technical issues can be resolved with proper assistance.
  • Pre-Purchase Information: We provide detailed product information, system requirements, and documentation to help you make an informed decision before purchasing. It is your responsibility to review this information and ensure compatibility with your system.
  • Exceptions: In exceptional circumstances, we may consider partial refunds (typically limited to 50% of the purchase price) at our sole discretion. Such exceptions are rare and evaluated on a case-by-case basis.

By purchasing our products, you acknowledge and agree to these refund terms. We encourage you to thoroughly review product information, system requirements, and documentation before making a purchase to ensure our products meet your needs and are compatible with your system.

For any questions about our refund policy, please contact us at support@filmblade.com.

10. SOFTWARE PERMISSIONS AND LICENSE AGREEMENT

Our software products, including the FilmverseSync application, require certain permissions to function properly and to protect our intellectual property rights. By using our software, you acknowledge and consent to the following:

10.1 FilmverseSync App Permissions

The FilmverseSync application has the following specific permissions:

  • Folder Structure Verification: The FilmverseSync app has rights to scan and check the basic folder structure of your system to detect duplicates of the plugin. This verification process is designed to ensure that our software is not being misused and is part of our license verification system.
  • Hardware Information Collection: When downloading demos through the FilmverseSync app, the application records GPU and CPU information from your system. This information is collected solely to verify if the DCTLs (Digital Color Transformation Language files) will run properly on your hardware and to ensure optimal performance. We do not use this hardware information for any other purpose.
  • Internet Access: The FilmverseSync app requires internet access to verify licenses, download updates, and communicate with our servers for authentication purposes.
  • File System Access: The app needs access to specific directories on your system to install, update, and manage color grading assets, presets, and plugins.

10.2 License Agreement Acceptance

By downloading, installing, or otherwise using any of our products, you explicitly agree to the terms of the applicable license agreement. This includes, but is not limited to:

  • Automatic Acceptance: Your interaction with any of our products, including the FilmverseSync app, plugins, presets, or any other software, constitutes acceptance of our license terms.
  • Usage Limitations: Our licenses typically restrict usage to a single user or a specified number of workstations as indicated in your purchase agreement. Sharing license keys or using the software beyond the scope of your license is strictly prohibited.
  • Intellectual Property Rights: All content, including software, code, graphics, and documentation, remains the property of Colorist Foundry. You are granted a license to use the materials but not ownership of them.
  • Modification Restrictions: Unless explicitly permitted, you may not modify, reverse engineer, decompile, or create derivative works based on our software.
  • Distribution Limitations: You may not distribute, lease, sublicense, or transfer the software or license keys to any third party without written permission.

10.3 Compliance Monitoring

Our software includes mechanisms to monitor compliance with our license terms. This may include:

  • License validation checks during installation and periodically during usage;
  • Collection of anonymized usage statistics to improve our products; and
  • Automated reporting of suspected license violations.

We respect your privacy and only collect information necessary for these legitimate purposes. All data collected for compliance monitoring is handled in accordance with this Privacy Policy.

Violation of our license terms may result in termination of your license, deactivation of the software, and potential legal action. We take the protection of our intellectual property seriously and employ various technical measures to prevent unauthorized use of our products.

11. CONTACT US

If you have any questions, concerns, or requests regarding this Privacy Policy or our privacy practices, please don't hesitate to contact us. We are committed to addressing your inquiries promptly and thoroughly.

You can reach us through the following channels:

Colorist Foundry
Email: support@filmblade.com

For technical support inquiries, please include relevant details such as your operating system, product version, and a detailed description of your issue to help us assist you more efficiently.

For privacy-related concerns, please specify the nature of your request (e.g., data access, correction, deletion) and provide sufficient information for us to verify your identity. This is important to ensure that we only share personal information with the individual to whom it pertains.

Our team strives to respond to all inquiries within 48 business hours, though complex requests may require additional time. If your matter is urgent, please indicate this in the subject line of your email.

For legal notices or formal communications, please clearly indicate this in your message to ensure appropriate routing and handling.

11.1 Your Acceptance of These Terms

By using our Services, you acknowledge that you have read, understood, and agree to be bound by this Privacy Policy. If you do not agree with any part of this policy, please do not access or use our Services.

We value your trust and are committed to protecting your privacy. Thank you for choosing Colorist Foundry.

COLORIST FOUNDRY PRIVACY POLICY • EFFECTIVE DATE: MARCH 1, 2024 • PAGE 1 OF 14